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CHOICE Act

Feb 03 2015

Mr. President, I am on the floor today to speak about an issue that I spoke about just a few days ago, the CHOICE Act.

Let me take my colleagues back in history just a few months, just to last year. I don't imagine any of us don't remember the scandal the Department of Veterans Affairs was facing--the stories across the country of fake waiting lists, of services not provided, of the potential death of veterans while waiting for those services to occur. I also would think that at least many of my colleagues would agree that for much of the past few years the Senate hasn't done much of the business it was designed to do and that needed to be done in our country.

But I remember a day in August of 2014 in which the Senate and the House of Representatives were successful in passing a bill. It is somewhat embarrassing to me to be on the floor praising the accomplishment of a bill passage. It is a significant part of what should be the normal course of business of the Senate.

But those of us--and I would put all of my colleagues in this category who care about the service men and women who sacrificed for the benefit of their fellow countrymen and came home to a Department of Veterans Affairs that failed to meet their needs. I have indicated that since I came to Congress, both in the House and the Senate, I have served on the Veterans' Affairs Committee. This is an issue that we need to make certain we get right.

Just this week, in fact this morning, we passed a piece of legislation, the Clay Hunt Suicide Prevention for American Veterans Act. That is an accomplishment. I remember the testimony of the two mothers in the Veterans' Affairs Committee who came to talk to us about the importance of this legislation, their experience as mothers, and the death of their sons by suicide.

In the time that I have been in Congress, it is among the most compelling testimony I have ever heard. The part that sticks with me the most is the belief by these two mothers that had the Department of Veterans Affairs done their work, their sons would be alive. What that tells me is the decisions we make and those decisions as implemented by the Department of Veterans Affairs in some cases--in fact in many cases--are a matter of life and death.

We saw the scandal that came about last year. We know the decisions we make have huge consequences on veterans and their families. We rejoiced—at least I did--in the passage of the CHOICE Act, which gave veterans the opportunity to choose VA services, to choose health care to be provided in their hometowns by their hometown physicians and doctors.

The criteria that is set out in the CHOICE Act for that to occur is pretty straightforward. It says if you live more than 40 miles from a VA facility, you are entitled to have the VA provide the services at home, if that is what you want. It says that if those services can't be provided within 30 days of the time you need those services, then the VA shall provide those services at home if you choose. You can see the hospital, you can be admitted to the hospital of your choice, and you can be seen by the doctor of your choice.

That was actually something to rejoice about, to be excited about--that this Congress and this Senate came together and passed what I know to be a very significant and important piece of legislation. It is important for the reasons that common sense tells us it is important--that a veteran who lives a long way from a VA hospital or a VA facility can now get services at home. A veteran who had to wait in line for too long could now get those services at home.

The other aspect of that is that the Department of Veterans Affairs has told us time and again about the inability to attract and retain the necessary health care providers, the doctors and others who provide services to our veterans.

So one way to improve that circumstance is to allow other health care providers, those in your hometown, to provide that service.

The CHOICE Act was a good measure for the Department of Veterans Affairs to meet its mandate to care for our veterans, and the CHOICE Act was a good measure for veterans who live long distances from a VA facility, especially in states such as mine and the Presiding Officer's, where it is a long way to a VA facility.

So I remember the moment in which that bill passed and was sent to the President. Finally something good has come. A bill has been passed. Something important to our veterans is occurring.

But the reality is the implementation of the CHOICE Act has created many problems and, in my view, the Department of Veterans Affairs is finding ways to make that implementation not advantageous to the veteran but self-serving to the Department.

This is what catches my attention today. We are reviewing the President's budget, and within that budget is this language:

In the coming months, the Administration will submit legislation to reallocate a portion of Veterans Choice Program funding to support essential investments in VA system priorities in a fiscally responsible, budget-neutral manner.

What the President's budget is telling us is that there is excess money within the CHOICE Act. We allocated money--emergency spending--to fund the CHOICE Act, and the President's budget is telling us: Well, we think there is too much money in there. We are going to submit legislation to reallocate that money to something we think is a higher priority.

I don't expect many of my colleagues to remember, but I was on the Senate floor last week talking about a specific problem in the implementation of the CHOICE Act, and it was this: The Department of Veterans Affairs shall provide services at home to a veteran who lives more than 40 miles from a facility.

Well, the problem I described last week is that the VA has determined that if there is an outpatient clinic within that 40 miles, even though it doesn't provide the services that the veteran needs, that veteran, he or she, must drive to the VA, wherever that is located, and does not qualify for the at-home services.

Does this make any sense to any of us, that the VA says: Oh, there is an outpatient clinic within 40 miles of you, Mr. Veteran? Even though it doesn't provide the service that you need, we are still going to require you to drive to a VA hospital to receive those services and you don't qualify to go see your hometown doctor or be admitted to your hometown hospital.

Who would think--in fact, I admired Secretary McDonald in his early days at the Department in which he talked about how the VA is going to serve the veteran: The decisions we make at the VA will be directed at how do we best care for our veterans.

I respect Secretary McDonald for that attitude and approach, and I want the Department to follow his lead in accomplishing that mission.

But clearly deciding that a facility, even though it can't provide the service you need, precludes you from getting services at home makes no sense, and it certainly doesn't put the veteran at the forefront of what is in the best interest of a veteran.

So why would the Department of Veterans Affairs make that decision? We have a facility within 40 miles, but you don't qualify. So drive 3 or 4 hours to the VA hospital.

Well, one might think they have made the decision that we are going to enforce that aspect of the CHOICE Act. We are going to enforce the idea that you don't qualify because they don't have enough money to pay for those services. But, lo and behold, the President's budget says there is excess money that we now want to transfer to other priorities.

So, clearly, it is not funding issues. The Department is making decisions for some reason that makes absolutely no sense, defies common sense, and certainly doesn't put the veteran ahead of the Department of Veterans Affairs.

I don't know what the story is that these kinds of decisions would be made, but it certainly is worthy of the Senate to make certain the Department implements its moment of triumph, the CHOICE Act, in a way that benefits those we intended for the legislation to serve.

WASHINGTON, D.C. – Yesterday, U.S. Senator Jerry Moran (R-Kan.) was appointed to serve as a member of the Senate Commerce Subcommittee on Aviation Operations, Safety, and Security for the 114th Congress.

“Oversight of the FAA is critical to the safety and security of everyone and everything that travels by air,” Sen. Moran said. “General aviation is the largest industry in Kansas and for many individuals and businesses in rural areas, it the most reliable means of connecting with the rest of the world. Our state especially benefits from good policy at the FAA and safety in our skies. I look forward to working on these issues that affect American businesses, travelers, and trade on a daily basis.”

“Senator Moran being a member on the Commerce Aviation subcommittee will represent the aviation industry by putting common sense in the decisions the FAA makes in the future and will fight for what is good for everyone and not just a few,” said Don McGinty, president of The McGinty Machine Company, Inc., a manufacturer and supplier of aircraft parts in Wichita, Kan.

The Subcommittee on Aviation Operations, Safety, and Security has jurisdiction over civil aviation safety and security, with specific oversight responsibility for the Federal Aviation Administration (FAA) and the Transportation Security Administration’s (TSA) aviation security initiatives.

Sen. Moran joined the Senate Commerce Committee in 2015.

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WASHINGTON, D.C. – U.S. Senator Jerry Moran (R-Kan.) released the following statement on the president’s fiscal year 2016 budget proposal:

“At a time when our national debt exceeds $18 trillion, the United States desperately needs a serious, reform-oriented budget. The President asks Americans to accept a new rationale for the same stale policies that continue his long history of higher taxes and more spending. The proposal includes a staggering $2.1 trillion in new tax increases and would add $8.5 trillion to the national debt. 

“I will examine and evaluate the provisions of the President’s proposal, and I will work with my Senate colleagues to shape a federal budget that funds the government’s liabilities while facilitating a pro-jobs environment through critical decisions to reduce our debt and deficits. Especially when resources are scarce in an increasingly dangerous world, we must better prioritize spending to make certain our economy is growing and our citizens are protected. American safety and prosperity calls for serious policy – unfortunately, the President’s plan falls well short.”

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U.S. Senator Jerry Moran (R-Kan.) recently spoke on the U.S. Senate Floor to discuss his legislation to overhaul and simplify the American tax system – The Fair Tax Act of 2015. The bill – based upon a proposed tax system known as the “FairTax” – would replace our complicated and costly tax system with a flat national consumption tax and eventually close the Internal Revenue Service.

WASHINGTON, D.C. – U.S. Senator Jerry Moran (R-Kan.) today joined U.S. Senator Jeff Flake (R-Ariz.) and a bipartisan group of senators to introduce legislation to end travel restrictions to Cuba. The Freedom to Travel to Cuba Act of 2015, S. 299, would loosen travel restrictions to Cuba and remove restrictions on banking transactions incidental to travel that have long been unfairly imposed on American citizens. Companion legislation will be introduced in the House next week.

“Amending these antiquated regulations is not just about increasing travel for Kansans and Americans. I believe closer ties with Cuba could help change the nature of the relationship between the Cuban people and their repressive government,” Sen. Moran said. “Allowing U.S. citizens to travel to Cuba will promote freedom and liberty by further exposing Cubans to democratic thought and free market principles. And increasing the standard of living among Cuban citizens will enable them to make greater demands on their own government to increase individual and political rights.”

Sen. Moran has long fought for commonsense changes to U.S. trade policy with Cuba, which must import the vast majority of its food, in order to open up more markets for American farmers. On July 20, 2000, an amendment (H.Amdt.1031 to H.R.4871) offered by then Rep. Moran prohibiting funds from being used to enforce sanctions for food, medicine and agriculture products in a sale to Cuba passed the House of Representatives (301-116). The adoption of this amendment opened another needed market to farmers throughout the country. Unfortunately, changes in regulations by the U.S. Department of the Treasury in 2005 once again severely restricted this market for U.S. agriculture producers. Since that time, Sen. Moran has introduced a number of amendments and consistently urged the Treasury Department to roll back the harmful regulations to enable farmers and ranchers to compete on a level playing field with foreign competitors when trading with Cuba.   

Nearly 150 U.S. organizations have voiced their strong support for commonsense reforms related to U.S.-Cuba relations including the U.S. Chamber of Commerce, the American Farm Bureau Federation, the National Association of Wheat Growers and the National Farmers Union.

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WASHINGTON, D.C. – U.S. Senator Jerry Moran (R-Kan.) issued the following statement on the U.S. Senate’s passage of a resolution to approve construction of the Keystone XL Pipeline by a vote of 62 to 36:

“The new Senate Majority has shown in just a few short weeks what can be accomplished when the United States Senate returns to its roots of regular order, allows open debate on good ideas, and allows for a fair amendment process. While this vote to approve the Keystone XL Pipeline should have happened years ago, I am very pleased the Senate has finally been given the opportunity to take bipartisan action on an issue of such importance to American job-creation and energy independence. When this legislation reaches President Obama’s desk, he will finally be forced to decide whether increases in energy security and American jobs trump special interest politics.

“There is overwhelming support for construction of the Keystone XL Pipeline across the country because Americans understand the importance of this shovel-ready project to job creation and increasing the supply of North American energy. The Senate has listened to Americans and taken action. This is merely the first of many issues to finally receive the Senate’s attention in the new Congress after years of being denied votes.” 

The Keystone XL Pipeline is an additional phase to the original Keystone Pipeline that currently moves crude oil from Steele City, Neb., through Kansas to the processing facility in Cushing, Okla. Portions of the Keystone XL Pipeline have already been built and are in operation, including a pipeline linking Cushing, Okla., to Port Arthur, Texas. The newest addition voted on today would link the existing Keystone infrastructure to the oil-rich Bakken granting greater accessibility to domestic natural resources. Unfortunately, the White House has refused to approve the permit application for the remaining 1,200 miles of pipeline to be built, despite President Obama’s own State Department’s view that this project can move forward. The Administration’s delays have prevented the creation of new, well-paying jobs and economic growth for Americans.

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WASHINGTON, D.C. – Today, U.S. Senator Jerry Moran (R-Kan.) was appointed to serve as a member of the Senate Appropriations Subcommittee for Defense (SACD) for 114th Congress. SACD is charged with appropriating funds for the Department of Defense – including the Air Force, Army and Navy. 

“Oversight of the appropriations process for the Department of Defense will provide soldiers of Fort Riley and Fort Leavenworth, airmen of McConnell Air Force Base and Forbes Field, and Kansans in the National Guard and Reserve – as well as the Kansas communities who support them – a strong voice in Washington,” Sen. Moran said. “Despite a dangerous world with increasing demands on service members and military families who call Kansas home, Department of Defense resources to protect our country and its citizens from conventional threats and terrorist attacks are dwindling.”

Sen. Moran continued, “Our nation’s defense and those who serve must be equipped to safeguard Americans from terrorists who attempt to destroy and attack our way of life. Their selfless efforts to defend the freedoms we hold dear combined with the aerospace and critical defense assets produced in Kansas make our state invaluable to America’s national security.”

“Senator Jerry Moran has always been focused on national security, particularly as it applies to the military in Kansas,” Kansan and former Chairman of the Joint Chiefs of Staff General Richard Myers said. “His selection to the Senate Appropriations Committee, Defense Subcommittee, will be good for the country and for Kansas.”

Sen. Moran joined the Senate Appropriations Committee after being elected to the U.S. Senate in 2010. He will also continue to serve on the Senate Committee on Veterans’ Affairs.

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Washington, D.C. – U.S. Senators Jerry Moran (R-Kan.), Kelly Ayotte (R-N.H.), Marco Rubio (R-Fla.) and John McCain (R-Ariz.) today introduced the Senate version of the Increasing VA Accountability to Veterans Act of 2015, S.290, legislation to give the Secretary of the Department of Veterans Affairs (VA) more authority to hold corrupt executives accountable for their actions. The legislation would give the VA Secretary the authority to reduce the pensions of executives convicted of a crime, limit the amount of time VA senior executive service (SES) employees can spend on paid administrative leave, and reform the Department’s performance appraisal system for senior executives. The House companion bill was introduced last week by House Veterans’ Affairs Committee Chairman Rep. Jeff Miller (R-Fla.).

“Despite the passage of the Choice Act last year, the VA is still not doing enough to hold those responsible accountable for their corrupt behavior when treating our nation’s veterans,” Sen. Moran, a member of the Senate Veterans’ Affairs Committee, said. “The television cameras may have turned their focus elsewhere, but we will not. This legislation will help make certain VA senior executives found guilty of crimes that put veterans’ lives at risk are held accountable. Our veterans deserve the best our nation has to offer. We cannot allow a system that rewards mediocrity and failure to remain intact.”

“VA employees convicted of criminal conduct in the course of their work shouldn’t be rewarded with bonuses, paid leave and additional pension benefits, and this bipartisan bill builds on important reforms I supported that were signed into law last year to help ensure that senior VA officials involved in wrongdoing are held fully accountable for their actions,” said Sen. Ayotte.  “I will also continue my efforts to revoke bonuses from VA employees who were involved in the manipulation of waitlists.” 

“To fix the VA and make sure it achieves its mission of providing high quality and timely health care to our veterans, we must eliminate the culture of incompetence, negligence and underperformance that has been tolerated and, in some cases, even covered up for too long,” Sen. Rubio said. “Last year, I was encouraged that my proposal authorizing the VA secretary to fire bad managers became law. Now we have to make it clear that if you’re a senior VA executive found guilty of criminal activity during your tenure, you should have no guarantee of a bonus or pension. We owe our veterans the very best health care and customer service, and that’s going to be hard to achieve as long as you have VA officials believing there are no consequences for poor work or even criminal behavior.”

“While the Veterans’ Choice Act made progress toward reforming the VA, much more needs to be done to end the corrupt culture that led to the scandal of delayed and denied veteran care, which first began at the Phoenix VA last year,” said Sen. McCain. “This legislation provides important additional authority to the VA Secretary to hold corrupt executives accountable for their actions – including by reducing their pensions and bonuses, and limiting the time they can spend on paid administrative leave. Our veterans deserve a VA they can have trust in, and holding corrupt employees fully accountable can begin to restore their confidence. 

The Veterans Access, Choice and Accountability Act (the Choice Act), which contained civil service reforms that gave the VA Secretary the authority to fire senior executives based on misconduct or incompetency, was signed into law on Aug. 7, 2014. The legislation was passed in response to the biggest scandal in VA history, which centered on appointment wait time manipulation. At the bill’s signing, President Obama said, “If you engaged in an unethical practice, if you cover up a problem, you should be fired.” Still, not a single VA senior executive has been fired for wait time manipulation. Instead, corrupt VA employees have been placed on paid administrative leave for several months.

Specifically, the Increasing VA Accountability to Veterans Act of 2015 would:

  • Increase accountability by allowing the VA Secretary to reduce an SES employee’s retirement pension upon conviction of a crime that influenced their work performance by reducing the years of service creditable to the employee’s pension;
  • Reduce waste by limiting the amount of time VA senior executives could spend on paid administrative leave to 14 days unless the secretary can show good cause for an extension;
  • Help end VA’s sordid bonus culture by reforming VA’s SES performance appraisal system so only 30 percent of senior executives could receive top performance ratings and qualify for bonuses; and
  • Require additional transparency regarding SES performance outcomes and require that all SES employees change jobs within the department at least once every five years.

Click below to read the full text of the legislation.

WASHINGTON, D.C. – U.S. Senator Jerry Moran (R-Kan.) released the following statement today in tribute to the state of Kansas:

“Kansas is a special place where we teach our children that there is good in every person and that satisfaction in life comes from what you do for others rather than what you do for yourself. The story of Kansas is one of farmers, factory workers, teachers, parents and all the unsung heroes who work hard every day to improve our communities and state for the next generation. These folks share the spirit of the pioneers who settled our state and tamed the West 154 years ago under the tenets of freedom and individual responsibility. This is the same legacy we want to leave behind for our children and grandchildren. 

“Bright days lie ahead for Kansas and I will do all I can to make certain we leave behind a stronger, freer and more prosperous place to call home. May God bless the great state of Kansas.”

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On January 29, 2015, Sen. Jerry Moran helped celebrate Kansas' 154th birthday with a tribute video featuring photos he took over the past year.